OTHER ROADS-T. R. RICHARDSON

Planning Applicati·ons for Petrol Stations on Trunk or other Roads

In so far as Local Government Officers are concerned there are primarily three clear-cut but inter-related code~ of legislation on the Statute Book and these are: The Public Health Code, The Housing Code and the Town Planning Code. There is no doubt that the most important,, the most comprehensive and the most far-reaching of all three is, since the passing of the Town and Country Planning Act, 1947, the Planning Code.

It is this latter code that concerns petrol and filling service stations. The 1947 Act had many objects, but the ones which are relevant are the following: (I) The replacement of the former system of planning control through the medium of rigid planning schemes by a new system of control through the medium of flexible development plans prepared by a greatly reduced number of Planning Authorities and subjected to constant review. (2) To prohibit (with exceptions) the carrying out of any kind of development whatsoever without the consent of the Local Planning Authority.

Most of the provisions of the 1947 and subsequent Acts ha\'.e been incorporated into the 1962 Act, which has mamly been a consolidating Act. The Local Planning Authorities are the County Councils and the County Borough Councils, but in the case of the County Councils much of the day to day control of development has been delegated to the Urban and Rural District Councils.

The two main functions of Local Planning Authorities are to prepare development plans showing how they consider their district should develop over the next twenty years, and to control development so that it conforms with the development plan and other relevant planning factors.

The next point which falls to be defined is "what is development". Now this is a term which is most complicated to define shortly, for there are many aspects of this matter, but the definition in the 1962 Act (Sections 221(1) and 12(1) is as follows: (a) the car:rying o!-lt. of building operations, engineering ?perations, mmmg operations or other operations, m, on, over or under land, or (b) th~ ~aking of any material change in the use of any bmldmgs or other land. This definition is widened by defining 'building operations' as including (a) rebuilding operations (b) structural alteration of buildings (c) structural additions to buildings, and (d) other opera~ions normally undertaken by a person carrymg on business as a builder. . Another import~nt point is that 'engineering operations' mclude the format10n or laying out of means of access to highways, whether public or private for vehicles or foot passengers. One further point that ~ust be made is that a Contributed by T. R. Richardson, M.l.C.E., M.l.Mun.E., A.M.T.P.1., Borough Engineer, Surveyor and Town Planning Officer, Solihull

'material change of use' in land, buildings structures or erections, constitutes development and requires planning permission.

Now all this explanation of the legal situation really leads to the point where it can be understood that Local Planning Authorities have the statutory duty of controlling development, and that the construction of filling stations and service stations requires planning permission. It follows, therefore, that the petrol retailing industry must inevitably come greatly under the influence of the Planning Authorities. .

How are companies and persons wishing to obtain planning permission for petrol service and filling stations to proceed? There are two types of planning application. The first one is an outline application which is usually put in to find out if-in principle-the local planning authority would be prepared to approve the development which is proposed. The Planning Authority generally require it to be accompanied by sketch plans showing just what form of development is in mind, and these details give them an opportunity to consider whether there are serious amenity or highway access problems which will arise if the development is permitted. These outline applications are normally granted subject to a condition that there shall be a subsequent approval by the Local Planning Authority on any matters relating to the siting, design and external appearance of the building. The developer thus gets to know before he incurs too much expense whether in principle his proposed development is acceptable to the Local Planning Authority. Once an outline application is granted, the Local Planning Authority are committed to allowing the proposed development in some form or other, the only matters requiring subsequent approval by the Authority being such as are specifically reserved in the permission granted on the outline application.

When outline applications are submitted, the developer should have clearly in mind and should tell the Planning Authority what he intends to do. There have been cases where the scope of development has been considerably increased after an outline permission has been granted, which has raised problems for the Local Planning Authority which in the end have meant that the development co~ld not proceed in the way that the applicant had finally intended.

The second one is the formal application for development, and the method of applying for it is dealt with under Article 5 of the General Development Order, 1950. The application has to be made on a form issued by the Local

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Planning Authority and obtainable from that Authority or from the Council with whom the application is to be lodged where there are delegated powers involved. This sort of application must include such particulars and plans in full detail as will enable the Local Planning Authority to consider the matter fully. It is normal to apply for bye-law permission under the Public Health Acts at the same time, and in addition for any approvals required under other legislation relating to the storage of petroleum, etc.

The Planning Authority, on receipt of an application, must send to the applicant a notification that it has been received. The period during which a Local Planning Authority must give notice of its decision on the application, is two months, but in· the case of an application affecting a trunk road it will be three months. If the applicant does not hear from the Local Planning Authority within the appropriate period then he has the right of appeal to the Minister as if his application had in fact been refused (Section 24). It is quite often, however, that a Planning Authority for one reason or another cannot deal with an application within the specified period, and then it is usual for them to ask for an extension of the period. The decision of the Local Planning Authority upon an application must be in writing, and if any conditions are attached to the grant of permission, or if there is a total refusal of permission, the reasons therefor must be given in writing.

There is a right of appeal to the Minister against the decision of a Local Planning Authority or in respect of the Authority failing to give a decision at all. The notice of appeal must be given to the Minister of Housing and Local Government within one month of the receipt of the Local Planning Authority's decision or of the expiry of the appropriate period of time within which a decision ought to have been given. On appeal against the decision of the Planning Authority, the Minister normally sends one of his Inspectors to hold a Public Inquiry, although in some minor cases the matter is dealt with by correspondence and a site visit. In the event, the Minister may allow or dismiss the appeal or may reverse or vary any part of the Local Planning Authority's decision and may deal with the application as if it had been made to him in the first instance.

In the case of trunk roads, where the Ministry of Transport are the Highway Authority, they may 'direct' that the Local Planning Authority refuse the application or put such conditions on it as they may decide to be necessary from the highway point of view.

In considering an application for planning permission, the main factors which normally arise are: (1) The effect of the proposed station on traffic flow and road safety. (2) The effect on amenity. (3) Whether it will be in accordance with the development plan, especially where the land is valuable agricultural land which should not be taken. (4) Location, layout and design.

As filling stations provide a local service, they may be accepted in residential neighbourhoods if the site is suitable. Jn a particular appeal decision, permission was refused by the Minister because the site was 'small and closely adjoined by private houses whose occupants would be caused disturbance'.

There are a few further points on which guidance has been given by the Minister in Circular No. 25/58. Jn examining any particular case, it is suggested that the following general observations might be of assistance:

Trunk Roads

The Minister of Transport's view is that on fast open stretches of road, even on sites well placed and capable of good layout, all petrol stations are open to objection from the point of view of traffic and should not be allov.:ed unless there is a very good reason, for example, a gen1;11.ne lack of facilities to meet essential needs, or the possib1hty of replacing an obsolete and more dangerous station.

On new by-passes, and other new roads, the Ministe~ of Transport takes the view that normally a petrol stat10n should be unnecessary on a stretch of road less than 12 miles long.

Divisional Road Engineers will act in accordance w_ith these views in giving directions in respect of plannmg applications for new petrol stations on trunk roads.

Other Roads

The objections to petrol stations on trunk ro'.1ds "".ill often apply to stations on other roads, and in dealing ~~th applications for planning permission, Local Authont1es will no doubt bear in mind the view set out in the para-graph above.

Any increase in the number of stations may lead to bo!h loss of amenity and to increase of traffic dangers; but m built-up areas speed limits are generally in force and other forms of development may already interfere with the flow of traffic, so that the fringe of a built-up area may well be the place where petrol stations to serve through tra~c will ~rove least open to objection, provided that there is sufficient land for a well designed layout.

Si ting

A station sh<?uld not be located opposite a break ~n .a ~entral reservat10n on a dual carriageway road, as this is likely to encourage traffic to cross the road· nor should the station be too close to a side road connection, junction or r~rnndabout, altho1;1gh a station may, with advan.ta~e, ~~ sited where traffic 1~ slowing up in any case, prov1d!ng 1t 1s not so close to the Junction as to interfere with weavmg or tu~ning traffic .. s.ometimes a service road layo1;1t would be s1;11table, perm1ttmg two or more fuelling stations ~nd possibly a transport cafe also, whilst at the same time limiti°:g t~ two the points of access. Ideally, stations at ?ppos1te ~ides. of the road should be paired to serve ~ra~c m both d1rections, and so sited that the nearside station IS seen first. Such paired stations need not be in the same ownership.

Layout of Sites

Whether i!1 a built-up area or on road in open country, a petrol stat10n should be able to deal with its customers

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